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This topic contains information on the following subjects:
1. The purpose of and legal authority for the CSE program;
2. The organization of the North Carolina CSE program;
3. The cooperation and coordination between the CSE program and other agencies and states;
4. The confidentiality and security of CSE participant/case information;
5. The security requirements and restrictions related to accessing and handling sensitive Federal tax (IRS) information;
6. The requirements for an attorney and attorney contracts;
7. The Federal audit requirements;
8. The staffing and caseloads standards for CSE agencies;
10. Emancipated minors/juveniles/dependent children;
The Child Support Enforcement (CSE) program was established in 1975 by Public Law 93-647, Part B (Title IV-D of the Social Security Act) and G.S. 110-128-141. These laws set forth the Federal and state requirements for the program. The purpose of the CSE program is to ensure that noncustodial parents (NCPs) support their children. If the children are receiving Work First Family Assistance (WFFA), the debt of child support is owed to the state by virtue of the Assignment of Rights to Support (G.S. 110-137), rather than to the caretaker of the children. Child support that is collected for WFFA children is retained by the state and treated as a reimbursement to WFFA funds. The state distributes this money to county, state, and Federal governments in a percentage amount equal to their participation in the financing of WFFA. For children who are not receiving WFFA, the child support is paid to the client (custodial parent or caretaker).
At the state level, the Department of Health and Human Services (DHHS) has been designated by the Governor as the CSE Agency. G.S. 110-128-141 also authorizes the DHHS to supervise the child support program described in G.S. 110-128-141. DHHS has further designated the Division of Social Services (DSS) to be responsible for this program. The Child Support Enforcement (CSE) Section exists within DSS.
A staff of CSE Consultants and Area Supervisors is responsible for providing consultation and program assistance to the county-operated local programs in their assigned areas.
G.S. 110-130 requires that the county commissioners designate the local person or agency to administer the program. Commissioners cannot relinquish responsibility for the operation of the program.
CSE agencies must cooperate with IV-A agencies, law enforcement agencies, courts, and CSE agencies of other counties to effectively accomplish their purpose.
Because no residency requirements exist for CSE services, CSE agencies are expected to provide services to the extent possible when clients apply for services. If the client moves to another county in North Carolina, the original CSE agency must continue to provide services, unless the client requests that the case be transferred.
If no North Carolina support order has been entered, clients can request that their case(s) be transferred to the county where they reside or work. They can even request that their case(s) be transferred to the county where the NCP resides. If a court order has been entered in another state and the NCP resides outside of N.C., clients still can request that their case(s) be transferred from one N.C. county to another N.C. county. CSE must verify the client's request for transfer before the case can be transferred.
Prior to the transfer of the case, responsible workers must document the reason for the transfer notify the supervisor in the receiving county of the case transfer. The physical file should be sent to the receiving county at the time of the case transfer
If a court order is entered in the same county that is responsible for the client's case, that CSE agency continues to be responsible for the case even if the North Carolina order is registered for enforcement in another state or if a request to register the N.C. order is sent to the other state.
If the client has a court order that the CSE agency did not establish, the CSE agency in the county where the order was established is responsible for the intervention and/or redirection of the order to that county's CSE agency and the subsequent enforcement of the order.
In situations where a N.C. order has been entered, cases must not be transferred to another county unless they meet the criteria for change of venue.
If clients have an existing CSE case in one county but they are approved for Public Assistance in a different county, cooperation between the two CSE agencies is essential. If the case has no order or another state has entered the order, the CSE agency that is responsible for the case should transfer the case to the county where the client is receiving Public Assistance. The client's approval is not necessary.
If a court order is entered in the same county that is responsible for the client's case, that CSE agency continues to be responsible for the case even if the North Carolina order is registered for enforcement in another state or if a request to register the N.C. order is sent to the other state.
If the client has a court order that the CSE agency did not establish, the CSE agency in the county where the order was established is responsible for the intervention and/or redirection of the order to that county's CSE agency and the subsequent enforcement of the order.
In situations where a N.C. order has been entered, cases must not be transferred to another county unless they meet the criteria for change of venue.
Clients can request information from the CSE agency in the county where they reside and receive Public Assistance. The two CSE agencies must communicate and cooperate to enforce the order and to address clients' issues and concerns.
Prior to the transfer of the case, responsible workers must document the reason for the transfer notify the supervisor in the receiving county of the case transfer. The physical file should be sent to the receiving county at the time of the case transfer
In North Carolina and other states, CSE services can be provided by private companies, under contract with the governmental body responsible for this service. Interaction with these private agencies is conducted in the same manner as with local and state government-operated child support agencies.
Public records are open to review by anyone who wishes to see them. Court files of judicial actions that are maintained by the Clerk of Court are public records.
Child Support Enforcement (CSE) case records are not public records. Information obtained on the client and NCP is extremely confidential and must be carefully safeguarded.
CSE must take all appropriate precautions to both properly secure the identity information of case participants from being misused, misappropriated, or stolen, and to safeguard participants' physical safety. Any incident or activity that could potentially endanger the security of identity information or the physical safety of participants must be immediately reported to the CSE supervisor.
To properly safeguard case information, CSE must comply with the following rules of law and regulation governing proper use and release of such information.
Federal Regulation at 45 CFR 303.21 requires that CSE safeguard and properly disclose confidential information.
* Any investigations, prosecution, or criminal or civil proceeding that is conducted in connection with the administration of any such plans or programs;
* Information on known or suspected physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement activity.
The Fair and Accurate Credit Transactions Act of 2003 requires that efforts be employed to detect and prevent identity theft. CSE techniques to comply with this law, known as "Red Flag and Address Discrepancy Rules", include restricting the use of SSNs on documents and confirming the identity of a customer before releasing case information. (For more information on protecting case participant security, see “Identity Theft Measures”.)
G.S. 110-139 states that child support records are confidential. It authorizes the release of payment records to the court, client, and NCP, and the sharing of the income and expense information of each parent with the other for the purpose of establishing or modifying a support order.
G.S. 132-1.10 requires State agencies to collect SSNs and other personal identifying information from individuals only for legitimate purposes and when required by law to do so; protect that information from inappropriate access or dissemination; and advise individuals of the purpose of the collection and use of their SSNs.
G.S. 7B-301 requires any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent (or has died as a result of maltreatment) to report that juvenile's case to the county DSS director.
Under G.S. 14-27.7A, CSE agencies are responsible for reporting any suspected cases of abuse by a custodian, as defined in G.S. 14-27.7A, when the abused is a juvenile. G.S. 7B-101 defines an "abused juvenile" as any juvenile less than eighteen (18) years of age whose parent, guardian, custodian, or caretaker inflicts or allows serious physical injury.
In addition to these requirements, certain sources of information restrict the use of their information. Before using information from entities such as the Internal Revenue Service (IRS), the N.C. Division of Motor Vehicles (DMV), or the Division of Employment Security (DES), CSE must verify this information with a third party.
Personal data about an individual that CSE receives from the IRS and/or DES can be released only to that individual. This restriction prohibits CSE from disclosing a case participant's tax refund or unemployment benefit information to another participant, the court, or others. The sharing of case information can be further restricted by IRS security requirements.
CSE case records are the property of the agency, are confidential, and must be properly secured at all times.
Case participants are entitled to that information which is a matter of public record or relevant to the disposition of the case. The personal data of one case participant (such as Social Security numbers, addresses, or employers) can only be shared with another participant by permission of the participant or when obtained through public records or when specifically allowed by law. For example, G.S. 110-139 (b) allows the release of one parent's income and expense information to the other parent for the purpose of calculating the support obligation to establish or modify a child support order.
Case clients and NCPs can request the disclosure of case information to a designee. Requestors must sign a written release that names the designee and states the specific information to be released. Access is limited to information that the participant is entitled to receive.
Although the collection and use of the Social Security numbers (SSNs) of case participants is mandated, the disclosure of this information can be limited. For the safety and security of an individual, only the last four (4) digits of the SSN are printed on many of the documents that ACTS produces.
In the event records are subpoenaed for the disclosure of information, CSE agents should immediately seek the advice of the CSE attorney. The attorney might need to accompany an agent to the hearing to make a motion to quash. If the motion is denied, the attorney could then ask the judge to grant an IN CAMERA INSPECTION of the file. If granted, the judge would inspect the file in chambers to determine what (if any) information should be disclosed.
CSE must ensure that personal information of case participants is used and shared only in accordance with program directives. To guard against the potential misuse of information, CSE must take adequate steps to identify a person before disclosing any case or participant information to that person. The following rules of caution must be used to determine if and/or what information should be shared.
If potential exists that the physical safety and security of a case participant could be at issue, CSE must take the appropriate actions to protect the individual when communicating with participants and others regarding the case and when scheduling appointments and hearings.
At the initial interview, caseworkers must ask clients about the potential for domestic violence or the existence of a protective order against the NCP for child abuse or domestic violence. If the client indicates concern about violence or abuse from the NCP or that a protective order exists, caseworkers should set the PROTECT indicator in ACTS to “Y” (Yes).
When the PROTECT indicator is set to “Y”:
Established under G.S. 15C, the Address Confidentiality Program (ACP) is administered by the North Carolina Department of Justice. The program's purpose is to protect North Carolina residents who are victims of domestic violence, sexual assault, and stalking from the disclosure of their address information through public records.
ACP provides participants with a substitute address and the forwarding of first class, certified, and registered mail. Program participants receive an ACP Authorization Card that contains the substitute address and participant ID number. When requested by the participant, state and local government agencies must accept the substitute address in lieu of an actual address.
When applicants inform the ACP program that they are involved in a child support case, ACP notifies the responsible CSE caseworker of its involvement. ACP does not release any other participant information. ACP also advises CSE when the program's participation ends; however, any new address data must be supplied by the participant. CSE is not required to share any case or participant information with ACP.
CSE/ACP participants can choose to divulge their actual address or use the substitute address for child support purposes. If a CSE case participant presents an ACP Authorization Card and requests that CSE use the substitute address, CSE must take the following steps to protect the safety of the participant:
If service of process is needed for a CSE/ACP participant:
If a CSE/ACP participant terminates participation in ACP:
If a CSE/ACP participant requests that the CSE case be closed, CSE workers follow normal case closure procedures, but CSE is NOT required to notify ACP of the closure.
Access to Federal tax information (FTI) is limited to CSE workers whose duties require access and to whom disclosures can be made under the provisions of the law. CSE must use Federal tax return data for official purposes only. The worker security profiles in ACTS only allow authorized individuals to access FTI on the ACTS financial screens. When CSE accesses FTI in ACTS, a system log records the access in order to maintain an audit trail. Sending FTI by email is not recommended, but if it is done, the data must be encrypted. CSE agencies are required to report unauthorized attempts to access FTI.
CSE offices must remove any Federal tax information from the case file when they send the file to another CSE office.
Because pertinent Federal tax data is stored in ACTS and general notes are recorded in ACTS, which replaces paper documentation, CSE workers should rarely need to print Federal tax data. CSE workers should print ACTS screens, reports, and documents that contain Federal tax data ONLY when absolutely necessary. Any document or file folder that contains Federal tax data must be labeled to notify the recipients that this data must be safeguarded.
All federal tax information that is retained in the office (including ACTS screen prints, documents, reports, and/or notes containing FTI) must be protected by a two-barrier standard (EX: stored in a locked desk or cabinet that is located in a locked facility). When no longer needed, FTI must be shredded. All shredding must be done on-site at the CSE office. Paper should be shredded perpendicular to the cutting line, so that it is unreadable.
If case files are stored off-site, the files should be reviewed and all federal tax-related material should be removed and stored within a two-barrier environment until the retention period expires. This separately stored FTI information should be destroyed according to the agency's retention/ destruction policy.
CSE can receive Locate data for an NCP through the system from automated sources, such as IRS Project 1099, the National Directory of New Hires (NDNH), or other Federal OCSE sources.
Any ACTS documents or reports that could contain IRS tax data are automatically labeled on the front page and subsequent pages with the message: "SENSITIVE TAX DATA". If these documents and reports are retained, they must be stored in a locked container.
Any information received in response to ACTS documents (for example, Postmaster Verification Requests, Employer Letters, etc.) that include Federal tax information should either be destroyed in accordance with the agency's retention/destruction policy or labeled and stored in the CSE office's centrally located lockable cabinet.
Any ACTS screen that could contain IRS tax data automatically displays the message "SENSITIVE TAX DATA" in YELLOW at the top of the screen. If screen prints are retained, they must be stored in a locked container.
Inquiry workers with access to ACTS (such as WFFA and Medicaid caseworkers) do not have direct access to Federal tax information. CSE caseworkers can provide a payment printout to the client, who can then provide the information to the Public Assistance (PA) caseworker. OR PA caseworkers can call the CSE caseworker and request payment data, and the CSE caseworker can mail the data to the client, who can then give it directly to the PA caseworker. CSE cannot provide any amount within that entire pay record to the PA caseworker or any other party.
The IRS requires that a permanent system of standardized records be kept which documents requests for, and disclosures of, sensitive Federal tax information. A log must also be maintained that documents any time that tax information is destroyed or disposed of by shipping from one facility to another. These logs must be retained for five (5) years. If these logs contain any Federal tax information, they need to be safeguarded in lockable containers until properly destroyed. This requirement applies to both paper and magnetic media.
The destruction log should record the following:
1. Date of destruction/disposition - This includes the date when materials with Federal tax information are transferred to another party for destruction.
2. Manner of destruction - All materials should be shredded; hand tearing, recycling, or burying in a landfill are unacceptable methods of disposal.
3. Material destroyed - All shredding should be destroyed on site. If materials are destroyed off site, a CSE employee must accompany the materials and witness their destruction.
4. Name of the person who destroyed the materials or who witnessed their destruction.
The CSE attorney is an authorized person to have access to IRS data. The attorney's files are protected by attorney/client confidentiality. No other security measures are required.
Because Federal tax information about one participant cannot be shared with another participant, payment histories that CSE provides to clients do not identify the IRS as the source of the funds that are received. The Notice Of Payments To Client (DSS-4516) includes the payment amount and payment method, but it does not include a payment source. However, the Notice Of Collections To The NCP (DSS-4520) includes the payment amount and payment source, because the payment information in this document is about the NCP.
CSE caseworkers must ensure that only the appropriate documents are provided to each participant and that the IRS nondisclosure rules are followed during any discussion of payment information with clients.
The IRS does not allow the disclosure of payment data from an IRS source in open court. CSE must obtain alternative information or independent verification in order to present a document in open court. Information regarding the amount of a tax refund or intercepted funds that an NCP presents in court is not considered confidential Federal tax information, since the NCP provided the information, not the IRS.
Because CSE can disclose payment histories (including the payment sources) to the client, the client could provide a payment history document from CSE to the CSE attorney, who then could present that information in open court since it is not longer deemed Federal tax information, but third party "provided" information.
CSE can provide the court with a payment printout that contains the date and amount of the funds received, as long as it does not identify the source as a Federal tax payment.
CSE can give the payment record to the client and/or NCP at any time. Clients and NCPs can give testimony on the pay record's contents, but CSE staff members/ attorneys cannot. When questioned in court, CSE cannot provide details on any of the amounts within that entire record to a judge or any other party.
This document can be released to the client's private attorney or the NCP's private attorney ONLY upon receiving the written authorization of the client or NCP. It must not be released to any other entities, even with the written authorization of a client or NCP.
If ACTS can be accessed by computer in the courtroom, the computer screen must be password-protected and the screen cannot be visible to others in the courtroom. The CSE attorney must refuse any request to view or access the data that is contained in the court record, citing that such requests are barred by Federal law.
When CSE workers are hired, they are required to sign the "OCSE Agreement To Safeguard Confidential Data" form before they can be they can be granted access to ACTS. Workers must sign this agreement annually thereafter. These agreements are retained for five (5) years.
All CSE employees who handle, process, or come in contact with Federal tax information (FTI) are required to complete initial and annual training regarding the security of this information. This requirement can be met by viewing a video presentation that is designed to increase employee awareness of the appropriate access and disclosure of FTI and the penalties for failure to comply with these security provisions.
When CSE workers view the video presentation and sign the OCSE confidentiality form, their actions should be recorded on the "Initial/Annual Requirements Certification" form, which is then filed in their personnel record.
CSE workers who become aware of unauthorized access to (or disclosure of) Federal tax information should report the incident immediately. In local offices, these reports must be made to that agency's program manager or regional representative, who routes the report to the CSE Security Officer. CSE Central Office and Customer Service Center reports should be made to the CSE Security Officer. The CSE Security Officer notifies the Special Agent in Charge at the Field Division of the Treasury Inspector General for Tax Administration in Atlanta.
Certain functions essential to the CSE program can only be performed by an attorney, and the performance of these functions by any other individual might constitute unauthorized practice of law, which is subject to criminal prosecution (G.S. 84-4).
1. CSE Program Attorney
The CSE attorney provides legal services in cases as requested by the CSE agency. It is important that the CSE attorney be utilized in a cost effective manner. CSE caseworkers should do as much case preparation as possible before submitting a case to the attorney so that the results can be accomplished with a minimum of the attorney’s time being spent.
As required by Chapter 10 NCAC 27-0007 of the North Carolina Administrative Code, all local CSE agencies must arrange for the services of an attorney by one of the following methods:
1.) Contract with a private attorney or County Attorney; or
2.) Use of a Department of Social Services (DSS) staff attorney.
The contract with the primary attorney must include the following provisions:
1.) Duration of the contract;
2.) Attorney duties to include consultation, legal advice, and representation;
3.) Compliance with all of the requirements of N.C. General Statutes, Title 42 United States Code, Section 651 ET SEQ., and the related regulations;
4.) Hourly rate; and
5.) Conflict of interest provision.
If a county contracts with an attorney to provide legal services for more than one program, a single contract can be used; however, the provisions for providing child support services must be specified in the contract. Use of the model contract is not required. If a different format is used, the general provisions that were referenced in the previous Section B must be included.
If a conflict of interest arises for the primary attorney, the local CSE attorney must contract with a secondary attorney to provide for the legal services needed by the agency. The contract with the secondary attorney can be executed at the time it becomes necessary to use the services of the secondary attorney, in advance if the agency elects to do so.
A contract of employment for a secondary attorney must adhere to the document standards set forth in item "C" above. The terms of the contract for the secondary attorney must include all the appropriate provisions as outlined previously (in item “B”) for primary attorney contracts.
The DSS Director or the head of the agency who has responsibility for the CSE program shall have responsibility for ensuring that a valid contract is in place and for maintaining the original contract, in accordance with G.S. 153A-11 and G.S. 153A-12. Copies of the contract should be provided to the CSE attorney and local CSE agency.
No reimbursement for an attorney's services can be made without a valid contract except for DHHS staff attorneys. In accordance with DHHS directives, the maximum hourly rate that the State reimburses is one hundred twenty-five dollars ($125) per hour for county/local CSE agencies; any amount above one hundred twenty-five dollars ($125) per hour must be paid entirely by the county. These rates also apply to any consultation with the county/local CSE agencies in regard to general legal issues.
Reimbursement for contracted attorney's fees (except those reimbursed through an indirect cost plan) is provided only for ACTUAL TIME spent on a case based on the contracted hourly rate.
Attorneys are prohibited from:
1.) Submitting charges on a flat rate basis for a particular service; for example: $150.00 as the standard rate for processing a paternity action;
2.) Having attorney fees paid as part of a support order or any other order if such action results in a delay in or reduces payment of current support and/or arrearages. In TANF cases, the noncustodial parent (NCP) cannot be ordered to pay attorney's fees unless the local CSE agency can establish in court that the CSE agency cannot pay the legal costs incurred due to lack of budgeted funds (G.S. 50-13.6).
The attorney's bill must be clearly documented as to the service provided, the actual time spent, the date when service was provided, and the client for whom the service was provided, if appropriate.
Reimbursement for the attorney's attendance at an annual training session shall be based upon an hourly rate not to exceed sixty dollars ($60) per hour, with a maximum of two hundred dollars ($200) for the full session or one hundred dollars ($100) for a single day attended, or the amount set by the Central CSE Office. Attendance is not required, but attorneys are strongly encouraged to avail themselves of training opportunities. Prior approval for attendance from the local CSE agency is required.
2. Private Counsel for Clients
Clients can elect to seek private counsel to provide some or all legal services for their cases. When this occurs, it is important that efforts are coordinated to ensure that appropriate services are provided for the case. The CSE agency retains the responsibility of case management so long as public assistance is being provided, OR arrearages are owed to the sate, OR the client desires continued services.
The CSE agency should inform clients of their right to engage a private attorney. Clients should also be instructed to advise their attorney of the involvement and activity of the CSE agency in the case. It is the responsibility of the CSE agency to keep clients apprised of actions being taken in their case. All appropriate actions should be taken to ensure that the Standards for Program Operation are met.
If legal action is necessary in a matter for which private counsel has been retained, CSE should forward appropriate documents and information to the private attorney for action. A client's attorney can be provided only that information available to the client, as outlined in the Confidentiality section that appears earlier.
The private attorney should be apprised of any CSE program policies or procedures related to the legal services being provided, in order to ensure such things as the appropriate scheduling of court hearings, the language in court orders, or the distribution of funds. CSE agents should be aware of and attend all court proceedings in the case. The attorney should be notified of any contacts or meetings with the NCP that are relative to the representation being provided by private counsel and should be given the opportunity to attend such meetings.
EX: If private counsel was retained to pursue an increase in support, the attorney need not be advised of contact with the NCP to change an address, explain tax intercept, or discuss another support case.
The CSE agency attorney provides all needed legal services for a case unless notified by local CSE that the client has retained private counsel to provide legal services. If situations arise in which a conflict exists between the agency’s interests and those of the client or the agency's interests are not being addressed by a client's private attorney, it might become necessary for both attorneys to be involved in the action.
Clients should inform the CSE agency when choosing to hire private counsel. Also clients should be advised to have their private attorney notify the CSE agency in writing when a commitment for representation is made. This notification must be made a part of the CSE case record. Clients should keep their attorney apprised of CSE actions in the case, so that all efforts can be coordinated. Payment for services rendered by private counsel is the responsibility of the client.
It is also the client's responsibility to notify the CSE agency in writing whenever private representation is terminated or transferred to a different attorney.
For cases that are captioned to indicate that an initial legal action was taken by the agency on behalf of the client or child, the client would need to motion the court to intervene in the case in order to pursue matters not being directed by the CSE agency and CSE attorney. If the client was the initial plaintiff, such a motion is not required.
The private attorney provides legal services in matters for which private counsel has been retained. Private attorneys should notify local CSE in writing of the type of representation is being provided to the client and should coordinate CSE case activities with the CSE agency. The CSE agency should be notified and given the opportunity to participate in any contact with the NCP in which CSE services might be involved. (The CSE agency need not be included in the discussion of such topics as visitation, since that is not an agency service.)
In accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, states conduct an annual review of their child support enforcement programs to measure compliance with Federal regulations. The results of these self-assessment reviews are reported to the Secretary of the Federal Department of Health and Human Services. Each state is responsible for reviewing the following areas:
1. Case closure;
2. Establishment of paternity and support orders;
3. Expedited process;
4. Enforcement of orders;
5. Disbursement of collections;
6. Securing and enforcing medical support;
7. Review and adjustment; and
8. Interstate services.
No penalties are tied to the self-assessment process; however, Federal auditors review the reports for consistency with financial audits. If differences are found, Federal auditors and the states work together to resolve the issue.
The System User Support Unit located in the Central CSE Office administers the self-assessment reviews.
The Federal auditors' role is to perform financial and data reliability audits. The financial audit includes administrative costs and collections. The data reliability audit includes systems-generated data on which incentives are paid with a focus on accuracy, completeness, reliability, and security.
Beginning fiscal year 2002, the penalty system begins. Fiscal year 2001 is the base year for data reporting. The financial penalty system measures performance in three areas: establishment of paternity, establishment of child support orders, and the collection rate on current child support.
If a state fails any or all of these three performance standards, the penalty is one percent (1%) of the state's TANF block grant, unless the failed standards are met during the following fiscal year corrective action period. If a state fails to meet the appropriate standard on one or all of the performance standards for two (2) consecutive years, the penalty is two percent (2%) of TANF funds. Three (3) years of failure garners a three percent (3%) penalty against TANF funds. The consequence of loss of all Federal CSE funding for failure to meet any state plan requirement under Section 454 of Title IV-D remains.
All local child support enforcement agencies must operate according to state policy, and case records must be well documented in order to establish and maintain an audit trail. Reviews are conducted statewide. Therefore, all local CSE agencies must operate within the context of established state and Federal regulations.
The Central CSE Office Local Operations staff performs supplemental program reviews for each county. The goal is to identify potential compliance problems at the county level and to identify ineffective practices. Based on each county's assessment scores, corrective action plans are written and implemented.
The N.C. Division of Social Services (DSS) developed a caseload standard that recommends 300-325 noncustodial parent (NCP) cases per CSE caseworker. In addition, it is necessary to have adequate clerical staff.
CSE regulations prohibit a local CSE agency from staffing the unit with workers who perform CSE services in addition to IV-A or Title XX, UNLESS that agency has made a written request to the Central CSE Office that an exception be made due to the fact that the county is sparsely populated and the caseload does not justify a full-time worker. The Central CSE Office must obtain approval from the Federal Office of Child Support Enforcement (OCSE) by submitting the request along with population figures, the county TANF caseload, and size of the DSS staff. The Central CSE Office notifies the county about whether or not OCSE has approved the request.
Effective July 1, 2003, if arrearages exist when a child support obligation terminates, payments must continue in the same total amount that was due under the terms of the order or income withholding in effect at the time that the obligation ended, per G.S. 50-13.4 (c). NO JUDICIAL ACTION IS NEEDED TO ACCOMPLISH THIS REQUIREMENT. The payment amount remains in effect until all arrearages are paid in full or a subsequent order or income withholding is issued.
Any income withholding amount implemented by court order or administratively increased under G.S. 110-129.1 (8c) is to remain in place.
When the child residing with the noncustodial parent (NCP) causes an obligation to terminate, it can be in the child's best interest for CSE to negotiate an alternative payment amount, if requested by the NCP.
EXAMPLE 1:
At the time an obligation ends, the existing order requires the payment of $450.00/month toward current support and $50.00/month toward arrearages. Payments will continue in the amount of $500.00/month, with the total amount applied toward arrearages.
EXAMPLE 2:
At the time an obligation ends, the existing order requires the payment of $300.00/month toward current support but no specified payment toward arrearages. Income withholding for $350.00/month is place. Payments will continue in the amount of $350.00/ month, with the total amount applied toward arrearages.
EXAMPLE 3:
An existing order requires the payment of $400.00/month toward current support and $25.00/month toward arrearages; payments are being made through income withholding. Prior to the end of the obligation, the income withholding amount toward arrearages is increased administratively from $25.00/month to $50.00/month, making the total withholding for current support and arrearages $450.00/month. At the time the obligation ends, payments will continue in the amount of $450.00/month, with the total amount applied toward arrearages.
North Carolina law at G.S. 50-13.4 declares that parents are responsible for support of a child until that child reaches age eighteen (18). This responsibility can continue up to age twenty (20), if the child remains in secondary school. The obligation for support can be terminated earlier than age eighteen (18) under certain conditions.
G.S. 7B-101 defines a "juvenile" as a person under age eighteen (18) who IS NOT:
In accordance with G.S. 7B, Article 35, a juvenile who is sixteen (16) or older can petition the court for emancipation. Once the court enters an order of emancipation, parents are relieved of any further responsibility for support. However, arrearages that accrued prior to emancipation are enforceable, and appropriate action should be taken to collect the debt. A decree of emancipation is irrevocable.
At G.S. 110-129, a "dependent child" is defined as a person under age eighteen (18), who is not otherwise emancipated, married, or a member of the armed forces of the U.S. or as a person over age eighteen (18) for whom a court orders support to continue under provision of G.S. 50-13.4(c).
Child support can be pursued for the benefit of an individual who meets the definitions of a juvenile or a dependent child.
An emancipated juvenile who subsequently returns to the home of a client or caretaker as the result of a divorce or other changes in circumstance is still considered to be legally emancipated.
A juvenile whose marriage has been annulled would no longer be considered emancipated, and procedures can be initiated as appropriate to re-establish a valid support order.
Per Federal regulations at 45 CFR 303.3(c), a state must establish guidelines defining diligent service of process. Local CSE agencies are required to document unsuccessful attempts to serve process in accordance with these guidelines.
In North Carolina, the proper person to deliver service of process is the sheriff of the county where service is to be made. The statutory provision under G.S. Chapter 1A prescribing the manner of service of process must be followed strictly; otherwise, service is not valid. Due and diligent efforts to establish or secure process must comply with Rule 4 and 5 of the Rules of Civil Procedure. Due and diligent effort must be made to seek and ascertain the identity and whereabouts of the defendant for the purpose of serving process. Per Rule 4j(1), a person can be served using the following methods:
1. By delivering a copy of the action to the person directly or a copy at the defendant's dwelling or usual place of abode with someone of suitable age and discretion who resides there;
2. By delivering a copy to the agent authorized by appointment or law to be served or to accept service of process;
3. By mailing a copy by registered or certified mail (return receipt requested) addressed to the party being served; or
4. By depositing a copy with a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2), which will deliver the copy to the addressee and obtain a delivery receipt.
5. By mailing a copy (addressed to the party being served) through the U.S. Postal Service requiring signature confirmation.
Rule 5 allows for service of process by regular mail for legal actions subsequent to the original complaint, for income withholding notices to employers, and for FIDM Levy notices to financial institutions. Caseworkers should document the regular service process by filing the Certificate Of Service (DSS-4619) in the court file.
Service of process must be repeated periodically for cases in when previous attempts to serve process have failed, but adequate identifying information exists to attempt service using any or all of the above procedures to effect service. By verifying the defendant's place of employment, personal service can be accomplished by serving the defendant on the job.
Personal service or substituted service of process must be made within thirty (30) days after the date of issuance. If the action is about to expire, necessary steps can be taken to have summons endorsed by the Clerk of Court or by swearing out an Alias And Pluries Civil Summons (DSS-4669) within ninety (90) days after the date of issue of the last summons.
If a party cannot be served with due diligence by personal delivery or by registered or certified mail, service by publication might be appropriate in some cases. Service by publication consists of publishing a notice of service of process by publication once per week for three (3) consecutive weeks in a newspaper that is qualified for legal advertising and circulated in the area where the party to be served is believed to be located, or if no reliable information concerning the location of the party exists, then in a newspaper circulated in the county where the action is pending.
G.S. 1A-1 Rule 4 also allows for private process service in certain situations. When process is returned unserved by a proper officer or other process service is unsuccessful, the plaintiff or his/her agent or attorney can obtain service through delivery by a person who is at least twenty-one (21) years old, is not a party to the action, and is not related by blood or marriage to a party of the action or to the person being served.
If local CSE agencies elect to use the services of a private process server, a cooperative agreement must be established in accordance with Federal regulation 45 CFR 303.107 in order to receive reimbursement at the current Federal financial participant rate.
The appropriate certificate of service document needs to be completed on all documents that are mailed, whether service is accomplished by regular, certified, or registered mail. A copy of the Certificate of Service (DSS-4619) must be filed with the court and a copy retained for the CSE case history record.
When a noncustodial parent (NCP) retains the services of an attorney for a child support matter, caseworkers should always serve the attorney of record. Before attempting service, they should verify that the attorney is still representing the NCP.
Rules 4 & 5 of North Carolina Civil Practice and Civil Procedure are used to accomplish service of process. This process applies for both intrastate and interstate cases. Rule 4 is used when obtaining jurisdiction over a party in an initial action (EX: a civil complaint.) Service is accomplished by personal service by sheriff or private process server, by registered or certified mail, or by publication.
In those situations where the Clerk of Court signs the Motion And Order To Show Cause, Rule 4 is always used. Rule 5 allows for service of process by regular mail once jurisdiction has been established as a result of the initial action under Rule 4. Caseworkers file the Certificate Of Service (DSS-4619) in the court file, documenting the appropriate service method used.
When attempting service on any legal action subsequent to the original complaint, either Rule 4 or 5 can be used to serve the party. Under Rule 5, service is considered complete only "upon deposit of the pleading or paper enclosed in a post-paid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service." If the NCP has both a MAIL and RESIDENTIAL address in ACTS, the documents are mailed to both addresses. For Rule 5, the service date is the date of mailing.
If the NCP has no MAIL or RESIDENTIAL address, service of process is deemed to have occurred when the documents are delivered to the NCP’s last known address.
CSE support orders should contain language that specifies the NCP’s responsibility to keep the court and the CSE agency informed of changes in address and employment. The Certificate of Service (DSS-4619) is attached to the document to be served on the NCP, copies of these documents are filed with the court, and copies are retained in the case history file.
When the party has a right to take some action following service on him/her by mail, Rule 6e allows three (3) days to be added to the time period within which this action must be taken. For example, if an NCP has ten (10) days to contest an action, and service of process was by mail, the NCP has an additional three (3) days to file a response.
Federal regulations require that all states maintain a state case registry (SCR). This registry contains records of child support cases being provided CSE services (IV-D cases) and all Non-IV-D cases with support orders established or modified on or after October 1, 1998.
North Carolina’s State Case Registry (SCR) is housed in ACTS. Information from the SCR is submitted to the Federal Case Registry (FCR), which is a component of the Expanded Federal Parent Locator Service (EFPLS). See the Locate chapter for more information on the FCR and EFPLS.
Funds collected for child support cases are routed by the North Carolina Child Support Centralized Collection Operation (NCCSCC) to the Department of Health and Human Services (DHHS) for appropriate distribution. When a client chooses to terminate CSE services and funds are due to the state for overpayments or a TANF debt exists pursuant to G.S. 110-135, CSE must continue enforcement action until such time as these debts to the state are paid in full.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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